New parking protest launched

Nov 12 2007 by Paul James, The Journal

PARKING campaigner Neil Herron has called for a second North-East council to refund fines.

Mr Herron, who exposed errors in Sunderland’s legal regime that led to thousands of motorists being refunded for tickets, wants Gateshead to follow suit.

His case is based on the word “offence” used on the envelopes that are stuck to drivers’ windscreens by traffic wardens, which Mr Herron said cannot be used any more in the borough.

Gateshead has followed Sunderland by introducing a new decriminalised parking regime, in which the council have taken over responsibility for enforcement from the police.

It means a parking fine is now a civil, rather than a criminal matter, and Mr Herron said tickets should be issued for contraventions, not offences.

But Gateshead Council, which has issued more than 2,500 tickets since the new regime came into force in August, said it would not be refunding any fines.

Mr Herron claims the envelopes misrepresent the legal position, citing judgments issued by the High Court in parking cases and the National Parking Adjudication Service.

He said: “As a Penalty Charge Notice must be issued under the 1991 Road Traffic Act no ‘offence’ can occur as the matter is now civil and not criminal. The term which must be used is ‘contravention’.

“By misrepresenting, indeed alleging or inferring that the matter is criminal rather than civil, then Gateshead Council have misrepresented the true legal position. They must suspend enforcement immediately until the paperwork is corrected and refund everyone who has been misled.”

Mr Herron cited a case involving Barnet Council last year in which Justice Jackson said “prejudice does not need to be established” in appeals against fines and that “the fact that the document misrepresents the correct legal position should suffice”.

Gateshead Council said that between August, when the new system went live, and October, they have issued 2,518 Penalty Charge Notices with charges starting at £30, but some totalling more than £60.

Maureen Kesteven, the council’s strategic director of legal and corporate services, said: “We have made a careful study of the case law referred to by Mr Herron and we are entirely satisfied that the Fixed Penalty Notices we issue are fully compliant with the legislation.

“We therefore have no plans to withdraw any of the notices that have already been issued.

“We find it hard to accept that someone receiving one of our Fixed Penalty Notices has in any way been misinformed.

“The printed notice inside the envelope clearly states exactly when, where and why the notice has been issued and in the majority of cases this is backed up with photographic evidence of the driver’s alleged misdemeanour.”